Hello dear community, i have a question for you and I hope someone can help me. Shopify recently sent me an email to fill out the attestation for the sale of branded or trademarked products. But I didn't know what to do with two questions. First of all in my shop I resell sneaker from Nike, Jordan and Adidas, i bought the shoes myself from Nike or Adidas via the site and resell them in my shop (resell). I also sell used sneakers from these brands.
I have the following question now, what should i tick here:
1. I own the rights to the products available on may Shopify store? YES or NO
2. I am an authorized reseller of, or have the right to resell, the branded or trademarked products available on my Shopify store? YES or NO
I hope someone can help me with these questions. Would be very grateful to you.
Shopify takes intellectual property and copyright very seriously, which is why when you open an account with us you agree to our terms of service In this case, I'd draw your attention specifically to no. 11 of our terms of service:
Shopify supports the protection of intellectual property and asks Shopify merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Shopify’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter-notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise, we restore the material.
So the answer to both of your questions is: if you have not received express written permission from the brands to resell their products, then you are in breach of copyright and/or intellectual property.
I'd recommend that you consult with a legal expert if you have any further queries.
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